Coronavirus (Recovery and Reform) (Scotland) Bill: child rights and wellbeing impact assessment

3. Will there be different impacts on different groups of children and young people?

Modifications of the Public Health etc. (Scotland) Act 2008

As noted above, the regulation-making power itself has no immediate impact on children and young people, and therefore there is also no immediate impact on specific groups of children or young people.

As also noted, if regulations are required to respond to a significant public health threat, it is likely – and certainly possible – that the content of these regulations will impact children and young people. Using Covid as an example, evidence has shown that the mental health and wellbeing of disabled children, minority ethnic children, young carers, LGBT youth and those from lower socio-economic backgrounds have been most likely to be negatively impacted by restrictions and requirements imposed to respond to Covid.

Despite this, until the content of any new regulations is clear, it is impossible to assess their impact and whether it would be of greater significance to particular groups. However, as set out above, while an emergency situation may make it difficult to produce impact assessments along with regulations, this should be done wherever possible, and where it cannot be, impact assessments should follow as swiftly as practicable thereafter. As an example, The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No. 2) Regulations 2021 introduced the domestic Covid Vaccine Certification, and the accompanying CRWIA set out the potential impacts on children and young people in general and on key groups specifically.

Arrangements for vaccination and immunisation

Routine childhood vaccinations range from ages 8 weeks – 16 weeks, then ages 1 – 10 and 12 – 14. There are no competing interests between these groups, or between children and young people with adults, given the established schedule of childhood vaccinations and adult vaccinations.

Educational establishments etc.

As noted above, it is not possible to be certain on how the powers will be used and consequently the direct and indirect impacts on children and young people. The experience of the Covid pandemic has shown that, in general, negative impacts were faced by children and young people from disadvantaged socio-economic groups and those from black and minority ethnic backgrounds. It is also the case that actions taken to limit the spread of Covid had a positive impact indirectly as the effect of the mitigations used was to reduce excess deaths and avoid the range of significant negative impacts such an event in their family has on children and young people's mental health and socio-economic status. It is possible that similar groups may be affected in a future public health emergency though it is also possible that impacts maybe experienced by other groups within society.

Impact of the Covid pandemic to date

Schools

Evidence generally shows that school building closures during Covid are likely to have had a negative effect on pupil progress and attainment, and socio-economically deprived children are amongst those who may have been most negatively affected. Impacts on mental and physical health and broader wellbeing are also reflected in the evidence. Any future interventions that put in place restrictions to access to school without mitigations could therefore impact disproportionately on those from such groups.

There is strong evidence as to the negative impact of the Covid pandemic on children from disadvantaged communities. The Scottish Government's Equity Audit provided evidence to show negative impacts in terms of children and young people's mental and physical health, gaps in access to digital infrastructure negatively affected the experience of socio-economically deprived children and young people of remote learning especially in comparison to less deprived children and young people. There was also evidence of negative impact on pupil progress and attainment for socio-economically deprived children and young people.

Pupils with additional support for learning needs, including those with disabilities, have had to adapt to many changes throughout the Covid pandemic. Experience shows that actions to limit the spread of infection had particular effects on those groups of children and young people, e.g. Enquire noted this in their consultation response. Although in the event of a future public health emergency they may be again disproportionately impacted by measures like limited access to educational establishments it is important to look at the matter within the context of public health protection and direct health benefits of such restrictions to these groups.

It is also the case that the powers are designed to be used flexibly in response to the needs of children and young people and so mitigate negative impacts. For example, during the Covid pandemic, measures were taken using the direction making powers to ensure that free schools meals provisions could be provided direct to families in need. Thereby ensuring this important source of support to families, particularly those from disadvantaged communities was maintained.

Regulated childcare

Access to high quality ELC is a cornerstone to closing the poverty-related attainment gap. Evidence from both UK and international studies of ELC programmes supports the fact that all young children, and especially those from disadvantaged backgrounds, can benefit in terms of social, emotional and educational outcomes from attending high quality ELC. Any restrictions on access to regulated childcare without mitigation are therefore likely to negatively impact on all children's outcomes, but may be more acute for those children who are from disadvantaged backgrounds who stand to benefit most from ELC.

Consideration has been given to the potential disproportionate impacts on different groups of children. This includes:

The child's socio-economic status (UNCRC 2, 3, 6, 19, 24, 39)

• CEYRIS 1 found that ELC-aged children in affluent households and/or two adult households were more likely to be doing well psychologically and behaviourally during lockdown than children in less affluent and/or single adult households. It also found that children in single adult households experienced a bigger decline in behaviour, sleep and concentration, were less likely to participate in home learning activities and were less likely to be physically active;
• Children living in more deprived areas are more likely to have a concern noted about their development than children in less deprived areas as shown in statistics on early child development;
• The Public Health Scotland wider impacts dashboard showed that the largest percentage point increase in children having developmental issues noted was found among children living in the most deprived areas. However, an increase was seen among children in all deprivation groups, and the relative difference between most and least deprived remained similar;
• CEYRIS 1 found that high-income households experienced less change in employment status during lockdown, in particular in relation to income reduction.

Children with Additional Support Needs ("ASN"), disabilities and health conditions (UNCRC 2, 3, 6, 18, 23, 24, 31, 39)

• Children with ASN, disabilities and health conditions are also likely to have been disproportionately impacted by the Covid pandemic. CEYRIS 1 found that the decline during lockdown in relation to children's behaviour and life was more severe for children with a long-term health condition than those without;
• A qualitative study of the experiences of 16 families in Scotland with children having ASN and disabilities also found that children with ASN and disabilities are likely to have had existing inequalities exacerbated, and that disruption in educational provision was likely to have a negative impact on their educational progress and wellbeing;
• The Lockdown Lowdown surveys that heard directly from young people also showed that those with a long-term illness or disability were more likely to express concerns about the support arrangements in place while learning at home;
• Stakeholders that work with families with children and young people with additional support needs indicated that learning at home can be significantly harder for disabled children with additional support needs and highlighted concerns expressed throughout the Covid pandemic in regard to the level of support in place while learning at home as well as upon return to schools.

While it is possible that similar restrictions will result in similar disproportionate impacts on these children, these impacts would need to be balanced against any intended positive impact on the health of children (e.g. during the Covid pandemic, safety guidance for schools and childcare services which generally helped to keep the transmission within settings low).

Further and higher education

Although the scope of the powers being sought are such that they could be implemented in different ways, as circumstances demand them, in order to answer this question (and others listed) in a meaningful manner, the Advanced Learning and Science Directorate drew upon available information from the recent Covid pandemic.

Evidence presented to the Scottish Government's Covid-19 Advisory Sub-Group on Universities and Colleges by Colleges Scotland about the wider harms of Covid on Scotland's student population express various negative impacts on the learning of different demographic groups of students, which may impact on their immediate learning and their long-term opportunities (UNCRC 3, 6, 28, 29).

Examples of specific challenges:

• English for Speakers of Other Languages students have had to remain within their own communities and not progressed their language skills as they otherwise would have (UNCRC 2, 30);
• Younger students have not developed much needed social skills due to lack of interaction and the ability to learn correct behaviours modelled by others. Behavioural issues have increased as a result (UNCRC 6, 29);
• The meaningful and beneficial school – college partnership links have also been impacted during the pandemic, reducing the opportunities provided for the cohort of pupils who would benefit from these links (UNCRC 28, 29).

It is not possible to measure the proportion of students who would fall within the scope of this impact assessment that were consulted in gathering this evidence.

School consultations

This provision will not impact on particular groups of children and young people who are more likely to be affected than others.

All ages may be impacted depending on the nature of the consultation. There is no evidence available that any particular type of school or setting – ELC, primary, secondary – experiences a disproportionate number of consultations. As noted above, there may be a differential impact for groups of children who may have normally had to travel further to take part in a public meeting, have less access to digital devices or have a disability that would limit participation.

For example, virtual public meetings may be easier to attend, and have no physical or cost barriers to attending (e.g. petrol costs in a rural area), provided participants have access to appropriate technology. The Scottish Government would expect local authorities to ensure they choose accessible options for virtual meetings which could be joined from a wide range of devices, for example, from a smart phone.

Also, while there is no specific evidence relating to 2010 Act Public Meetings and the use of virtual means to conduct these, evidence is emerging from the use of virtual meetings in other spheres which indicates that those with a disability may find it harder to engage with such meetings.

Requirements of writing

The provisions may impact children and young people in different ways. For example, a young person may access such legal services in respect of a family law case which affects them and their child (i.e. a family contact case). Therefore, the young person would be the client seeking such legal services, whilst those legal services may also relate to the young person's child.

In any event the impact would be minimal for the reasons set out at section 2.

Custody at police stations

The policy will only affect young people that are held in custody for appearance before a court. It will not affect children or young people in general.

It is not possible to prosecute a child under the age of 12 and prosecutions are rare before the age of 16. It is generally expected that children who offend would be subject a social work-based intervention or referred to a children's hearing (not a criminal court activity).

Registration of births

Young people who are parents may, like other parents, be able to register the birth of their child remotely. It will be for local authorities in their respective areas to decide what place remote birth registration occupies in their configuration of services. This decision is likely to be based on the geographical nature of the local authority (with, for instance, rural and island authorities more likely to emphasise remote birth registration than urban authorities with centralised registration premises).

Registration of deaths

This provision will not impact on particular groups of children and young people who are more likely to be affected than others. However, it will be for local authorities in their respective areas to decide what place remote death registration occupies in their configuration of services. This decision is likely to be based on the geographical nature of the local authority (with, for instance, rural and island authorities more likely to emphasise remote death registration than urban authorities with centralised registration premises).

Bankruptcy: meaning of "qualified creditor" and "qualified creditors"

The measure to increase the minimum debt threshold that allows creditors to petition the court for bankruptcy of a debtor, will benefit those children and young people living in households facing the burden of unsustainable debt.

Legal aid and advice: Claim for interim payment of fees and outlays

This provision will not impact on particular groups of children and young people who are more likely to be affected than others.

Mental health: removal of need for witnessing of signature of nominated person

This provision will apply to any child over age 16 who chooses to nominate a person to help represent their views under the Mental Health (Care and Treatment) (Scotland) Act 2003 ("the 2003 Act"). In addition, it will also apply to a child over 16 should the child be nominated and subsequently choose to accept the role of named person.

Removal of mandatory eviction grounds and Pre-action protocol in respect of evictions relating to rent arrears

There are two groups of children who are affected by the policy of making a pre action protocol permanent for the private rented sector for rent arrears cases seeking an eviction and making all grounds for eviction in repossession cases discretionary when they come before the Housing and Property Chamber of the First Tier Tribunal ("the Tribunal").

Those directly affected are the young people renting in the private rented sector, the proportion of which has risen dramatically in recent years and is projected to increase further, although it is not possible to give precise figures for those aged 16 -18. Those indirectly affected are children in families, with an estimated 120,000 children living in households in the private rented sector according to a Scottish Household Survey. They are considered to be indirectly affected because they are not the named tenant or head of the household.